West Virginia Code § 22-5-20

Development of a state plan relating to carbon dioxide emissions from
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existing fossil fuel-fired electric generating units.
The West Virginia Department of Environmental Protection shall propose a legislative rule
for promulgation in accordance with §29A-3-1 of this code to implement the Affordable Clean
Energy rule, consisting of Emission Guidelines for Greenhouse Gas, Emissions from Existing
Electric Utility Generating Units (EGUs) pursuant to the federal Clean Air Act, section
111(d). The proposed rule shall be filed with the Secretary of State in time for consideration
during the 2021 legislative session. Notwithstanding any provisiuon to the contrary, the
agency shall submit a complete or partial state compliance plan to the federal Environmental
Protection Agency no later than September 1, 2020, which mtay be comprised of one or more
EGU facilities that are voluntarily prepared to move forward with a compliance plan for one
or more of their EGUs.

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